Comments on Proposal of GNSO Selected Trademark Issues Review Team

I went through the two strawman proposals carefully and found that many of the ALAC’s suggestions are properly reflected.

I’ve the following thoughts for the community to consider.

1. With respect to the Strawman proposal on Clearing House, I can see significant improvements, such as the item on “identical match”, which is basically consistent at-large discussions.

But the following issue still concerns me:

“Nationally Registered Marks, from all jurisdictions, including countries where there is no substantive evaluation, and no common law rights except for court validated common law marks (with appropriate fees for validation).”

When comparing nationally registered marks and common law marks, I mentioned that the advantage of adopting “nationally registered marks” is that they have clear specifications (territory, presentation of the mark, classes of goods or services, term of protection) shown on the registration certificates and can easily be tabled into the database.

The common law rights are comparatively ambiguous. If a court validation can remedy their ambiguity, then it is not the “appropriate fees” but  clear decisions with the reasons of validation of the marks, from which we can see the goods or services on which the marks are used, duration of use and territorial protection (nationally or only locally).

I suggest change into “except for court validated common law marks (with appropriate reasons for validation)”

2. With respect to the URS, I can see improvements, such as 20-day notice, applicable to registered marks only and specially “answers after default.”

On the other hand, I have still a couple questions and concerns.

a) Mandatory URS

Although it seems consensually agreed by all the stakeholder, I still believe it should be best-practice rather than mandatory.

b) Element of complaint & evaluation

Interestingly, Rule 56 of U.S. Fed. Rule of Civil Procedure on summary judgment is cited as the standard of evaluation. Summary judgments are not common in civil proceedings of all jurisdictions, It is puzzling to adopt such an American-center approach. In addition, evaluation standards  involve not only procedures but substances. Does Citation of Rule 56 of U.S. Fed. Rule of Civil Procedure mean that the Examiners of a service provider will only make decisions procedurally?

Previously, the standards were focusing on “clear-cut” cybersquatting cases, which are inherently and inevitably controversial but at least combine both procedural and substantive elements. I therefore suggest the “standards” be resumed to “clear-cut cases” subject to thoughtful definition.

In addition, I wonder the feasibility of applying Rule 56 of U.S. Fed. Rule of Civil Procedure. The prerequisite of summary judgment proceeding is that there is “no genuine issue for trial” so that the court may quickly move to judgment based on both parties’ submissions (even without supporting affidavits). However, there will be several issues or material facts that need to be verified in URS. Most obviously, how would the examiner assess the elements of complaints (domain name is identical or confusingly similar to a mark in which Complainant holds a valid registration issued by a jursidction that conducts a substantive examination of trademark applications prior to registration and The Registrant has no legitimate right or interest to the domain name; and/or the the domain was registered and is being used in bad faith) in a contested case?

c) Appeal

I don’t understand the complicated appeal system. In previous version, a URS decision can be appealed externally to an Ombudsman or a court. Now is there appealing system available internally? Will it be maintained by the same service provider?

After a decision in any case (default or contested), either party has a right to seek a denovo appeal within the URS process for a reasonable fee to cover the costs of the appeal.

Since we have only limited time to respond, I tried to write down all I thought about for further modifications and criticisms.


  1. InsidersHQ Review said,

    October 12, 2010 @ 3:19 am

    Astonishing article, I share the same views. I wonder why this specific entire world really does not contemplate just like me personally and also the site operator :D

  2. Insiders HQ Bonus said,

    October 12, 2010 @ 3:21 am

    Stunning Content! When i was just simply guessing that there is very much improper tips about this subject matter and you also certainly improved my husband and my view. Thank you an excellent page.

  3. google sneak bonus said,

    October 12, 2010 @ 3:26 am

    Wow! This can be 1 of the most effective blogs We have actually occur throughout on this subject. Basically Amazing

  4. Insiders HQ Review said,

    October 12, 2010 @ 3:49 am

    This really undeniably a fantastic blog post. An content page such as this illustrates precisely how intensely the concept is actually thought of by the creator.

  5. InsidersHQ said,

    October 12, 2010 @ 3:52 am

    You undoubtedly saved me atleast 1 hour of time. I am making a project about this topic and your document has helped me through one of the topics of my project. I will browse to the other pages now.

  6. cobra 60 days said,

    October 12, 2010 @ 12:01 pm

    Interesting one..

  7. surgery loans said,

    October 12, 2010 @ 4:10 pm

    Excellent site for a new 1 like me !

  8. Headphones said,

    October 14, 2010 @ 6:40 pm

    Loads of great, hard to obtain info here. Encountered this blog entry by accident on Duck Duck Go. You’re really having me reconsider my belief about this stuff and seldom does that happen to me… LOL. Thanks!

  9. Trinidad Wrench said,

    October 28, 2010 @ 12:59 am

    Good thorough ideas here.I’d like to suggest taking a look at things like graphic bomb. What do you think?

  10. custom video marketing said,

    October 28, 2010 @ 11:03 pm

    Pretty good post. I just stumbled upon your blog and wanted to say that I have really enjoyed reading your blog posts. Any way I’ll be subscribing to your feed and I hope you post again soon.

  11. Immigration lawyers in london said,

    October 30, 2010 @ 6:17 am

    Wonderful to read!

  12. Dennis Kirk said,

    October 30, 2010 @ 6:51 pm

    Great Post!

  13. property solicitiors said,

    October 31, 2010 @ 8:51 pm

    I love what you guys are always doing

  14. serwis akwariow said,

    November 18, 2010 @ 4:24 am

    I’m not particularly skilled in IT. Could you explain me is your blog post operating wordpress or other?

  15. conveyancing solicitors said,

    November 20, 2010 @ 9:40 pm

    In exploring for internet sites linked to web internet hosting and specifically evaluation internet hosting Linux strategy search engines, your web page arrived up.

  16. Nicki Minaj said,

    November 21, 2010 @ 3:09 pm

    Hey, I think your mostly on focus with this, I won’t say I agree with you completely , but its not really that much of a issue.

  17. LG 42LD450 said,

    November 24, 2010 @ 8:41 am

    It’s really a nice and helpful piece of information. I’m glad that you shared this helpful info with us. Please keep us informed like this. Thanks for sharing.

  18. best buy cheap said,

    November 24, 2010 @ 11:10 pm

    thanks amigo! great post!

  19. make money at home said,

    November 25, 2010 @ 8:47 am

    You completed various good points there. I did a search on the subject matter and found most persons will have the same opinion with your blog.

  20. alpharmash said,

    November 27, 2010 @ 8:06 pm

    I just signed up to your blogs rss feed. Will you post more on this subject?

  21. blog home said,

    November 28, 2010 @ 6:43 am

    My friend and I were quarrelling concerning a problem similar to this! Now I know that I had been right. Many thanks for the info you posted.

  22. mercedes said,

    December 1, 2010 @ 1:52 pm

    Hey mate, thanks for writing but this page doesn’t format correctly in Internet Explorer it is is overlapping.

  23. Katy Wein said,

    December 3, 2010 @ 8:54 am

    The topic Comments on Proposal of GNSO Selected Trademark Issues Review Team Institute for Internet Policy & Law is totally new for me, but it sounds very interesting. I have to read more about this topic and make me my own opinion. Thanks, Katy Wein

  24. Mathew Mcferren said,

    December 4, 2010 @ 7:17 am

    Hello, for me that sounds interesting, who knows what the future will bring… Let´s wait for it…

  25. Zahn said,

    December 4, 2010 @ 8:47 pm

    Hello, i´m beginning with rss subscriptions. Now i can stay current with your site and especially the topic Comments on Proposal of GNSO Selected Trademark Issues Review Team Institute for Internet Policy & Law now, really a nice feature. Thanks, Zahn

  26. entertainment blog said,

    December 13, 2010 @ 11:05 am

    I am curious to find out what blog platform you have been using? I’m experiencing some small security issues with my latest website and I’d like to find something more safeguarded. Do you have any suggestions?

  27. Breast Enhancement said,

    December 17, 2010 @ 4:45 pm

    Have a great day!. Your blog has been the highlight of my day Breast Enhancement pills

  28. my feeds said,

    December 21, 2010 @ 12:01 am

    Great post.keep posting us this type of wonderful information.
    We always look forward towards your post.

  29. free dating site said,

    December 22, 2010 @ 2:11 am

    Dude. This blog is awesome. How did you make it look like this !?

  30. fat burning said,

    December 25, 2010 @ 11:13 am

    came across your blog, a long time some. Well perfectly. I need this article something I am working on, lucky mine is on the same theme as yours. I am relieved that I found it, great share.

  31. Richard Kowalske said,

    December 27, 2010 @ 7:32 am

    mate this is a very nice blog here. I wanted to comment & say that I enjoyed reading your posts & they are all very well written out. You make blogging look easy lol I’ll attemp to start a blog later today and I hope it’s half as good as your blog! Much success to you!

  32. madame alexander dolls said,

    December 29, 2010 @ 1:37 am

    With havin so much written content do you ever run into any problems of plagorism or copyright infringement? My website has a lot of unique content I’ve either authored myself or outsourced but it looks like a lot of it is popping it up all over the internet without my permission. Do you know any ways to help stop content from being stolen? I’d definitely appreciate it.

  33. invicta watch review said,

    December 29, 2010 @ 6:48 pm

    Great insights. I loved to read your article.
    You must be putting a lot of time into your blog!

  34. teeth whitening reviews said,

    January 2, 2011 @ 5:35 pm

    It’s a shame you don’t have a donate button! I’d most certainly donate to this superb blog! I suppose for now i’ll settle for book-marking and adding your RSS feed to my Google account. I look forward to brand new updates and will talk about this blog with my Facebook group. Talk soon!

  35. baby contest said,

    January 4, 2011 @ 11:34 am

    All together now, some interesting comments left here, you got it made with traffic, I enjoy coming back to this site.

  36. Shawn Arrospide said,

    January 5, 2011 @ 1:56 pm

    I must say that overall I am truly amazed with this blog.It is easy to see that you are passionate about your writing. I wish I had your writing talent I expect much more posts and will be coming back

  37. cutest babies said,

    January 5, 2011 @ 6:51 pm

    I just came across your blog and have been reading along. Couldn’t resist posting my thoughts.

  38. Morgan Shepherd said,

    January 6, 2011 @ 8:15 am

    We. looks I don’t It is nice to see people

  39. Lynetta Newbury said,

    January 7, 2011 @ 4:19 pm

    Can I submit your submit to my weblog? I’ll add a back-link to your forum. That’s one really candy post.

  40. cell phone tracking software said,

    January 13, 2011 @ 12:34 pm

    Have you ever thought about including a little bit more than just your articles? I mean, what you say is valuable and everything. However just imagine if you added some great pictures or video clips to give your posts more, “pop”! Your content is excellent but with images and clips, this website could undeniably be one of the very best in its field. Very good blog!

  41. quick loan online said,

    January 14, 2011 @ 4:28 am

    Could not be written any more effective. Reading this post reminds me of my old room mate! He continually kept chatting about this. I will send this post to him. Fairly sure he will have a really good read. Thank you for discussing!

  42. online payday loan instant approval said,

    January 15, 2011 @ 9:46 am

    I don’t generally answer to articles or blog posts but I will in this situation. Intriguing post. Exactly where did you got all the facts from? Anyhow thank you for this great article!

  43. Myrl Ormiston said,

    January 15, 2011 @ 8:10 pm

    Thanks for an thought, you sparked at thought from a angle I hadn’t given thoguht to yet. Now lets see if I can do one thing with it.

  44. invicta 9094 said,

    January 16, 2011 @ 6:45 pm

    Interesting blog post, keeping me from working out like I ought to!.

  45. Emmanuel Ardelean said,

    January 18, 2011 @ 9:44 pm

    Great site you’ve got here. If perhaps you have the time, have a look at my personal website Click Here I have been spending so much time with

  46. latest celeb gossip said,

    January 19, 2011 @ 6:30 pm

    Hello would you mind stating which blog platform you’re using?

  47. gmrs radios said,

    January 22, 2011 @ 9:43 am

    Just wanted to give you a shout from the valley of the sun, great information.
    Much appreciated.

  48. cell phone tracking software said,

    January 25, 2011 @ 2:28 am

    Hey there would you mind letting me know which hosting company you’re utilizing? I’ve loaded your blog in 3 different browsers and I must say this blog loads a lot quicker then most. Can you suggest a good web hosting provider at a reasonable price? Cheers, I appreciate it!

  49. Shannon said,

    January 27, 2011 @ 7:13 am

    i like this blog too bad you have so many unrelated comments

  50. pre settlement loans said,

    February 1, 2011 @ 5:39 pm

    Can you message me with a few pointers on how you made this blog site look this cool, I’d appreciate it.

  51. Patricia Velásquez said,

    February 1, 2011 @ 6:39 pm

    a lot of good, helpful and excellent, suggestions not that I would copy you, but honestly

  52. pre settlement loans said,

    February 2, 2011 @ 5:23 am

    You should really moderate the commentary here

  53. pet supplies said,

    February 2, 2011 @ 10:57 pm

    I was basically curious about if you ever considered modifying the layout of your website? Its well written; I enjoy what youve got to state. But maybe you can add a a bit more in the way of written content so people might connect with it better. You have got a great deal of wording for only having one or two photos. Maybe you could space it out better?

  54. Smokeless Ashtray said,

    February 3, 2011 @ 2:18 pm

    I seriously like your weblog, Its high-quality to discover not everybody is just posting a bunch of garbage these days!

  55. Rihanna said,

    February 3, 2011 @ 8:57 pm

    is there any video clip to know this

  56. Harry Potter said,

    February 3, 2011 @ 11:08 pm

    I value your post! Why didn’t I find this submit previously? Hold up the great operate!

  57. pet meds said,

    February 5, 2011 @ 3:19 pm

    This really solved my problem, thank you!

  58. dating sites said,

    February 5, 2011 @ 5:05 pm

    Nice post . Thanks for, visiting my blog man! I’ll message you soon. I didn’t realise that.

  59. click said,

    February 7, 2011 @ 5:21 pm

    I enjoy your wp design, where did you get a hold of it?

  60. Malcolm Hoye said,

    February 10, 2011 @ 9:49 am

    Thanks! I have bookmarked this post, and that technique to share. Do you method to continute with updates, in the foreseeable future? It’s always great whenever can not only be informed, but also engaged! Thanks yet.

  61. said,

    February 14, 2011 @ 7:52 pm

    Can you email me with a few pointers on how you made this blog look like this, I’d be appreciative.

  62. Leighann Nater said,

    February 17, 2011 @ 6:03 pm

    Wow, wonderful blog layout! How long have you been blogging for? you make blogging look easy. The overall look of your web site is excellent, let alone the content!

  63. personal loan said,

    February 18, 2011 @ 2:48 pm

    That is nice to definitely find a site where the blogger knows what they are talking about.

RSS feed for comments on this post